The Local Government Act 1988 (Competition) (Defined Activities) Order 1995

Defined activities

4.  In Schedule 1 to the Act the following paragraphs shall be inserted at the end—

“Financial services

13.— (1) The provision of services consisting of, or provided for the purposes of, or in connection with, any of the following, (and only the following) falls within section 2(2)(1) above, namely

(a) financial advice to any of the following, namely—

(i) a defined authority or its elected members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) financial advice to any other person in relation to the discharge of any functions of a defined authority;

(c) accounting services including, in particular, the completion of statutory accounts and the maintenance of appropriate financial records;

(d) the administration of direct and indirect taxation for a defined authority;

(e) the development and maintenance of financial information and management systems;

(f) audit services including, in particular, liaison with external auditors and other appropriate bodies;

(g) the administration, collection and recovery of non-domestic rates, council tax, water and sewerage charges or rates, community charges and general rates;

(h) the provision of payroll facilities;

(i) subject to sub-paragraph (2) below, the determination, administration and making of payments, including arranging abatements and rebates;

(j) the collection of income and the recovery of debts;

(k) the administration of a defined authority’s pension fund including, in particular, the management of investments and actuarial services;

(l) the arrangement and management of borrowing and investment and the monitoring of cash-flow;

(m) the administration of a defined authority’s insurance arrangements;

(n) financial consultancy work including, in particular, research;

(o) the procurement, monitoring or supervision of, or the arranging of payment for, any services which fall within paragraphs (a) to (n) above and are provided for a defined authority by any person.

(2) The activities described in sub-paragraph (1)(i) above do not fall within section 2(2)(1) above where they relate to—

(a) mandatory and discretionary awards made pursuant to the Education Act 1962(1);

(b) education maintenance allowances payable pursuant to the Scholarship and Other Benefits Regulations 1977(2) or bursaries, scholarships or other allowances payable pursuant to section 49 of the Education (Scotland) Act 1980(3);

(c) clothing grants payable pursuant to section 5 of the Education (Miscellaneous Provisions) Act 1948(4) or section 54 of the Education (Scotland) Act 1980;

(d) free school meals and milk provided pursuant to section 22 of the Education Act 1980(5) or section 53 of the Education (Scotland) Act 1980; or

(e) board and lodging fees payable pursuant to section 111 of the Education Reform Act 1988(6) or section 52 of the Education (Scotland) Act 1980.

Information technology services

14.— (1) The provision of information technology services falls within section 2(2)(m) above.

(2) For the purposes of sub-paragraph (1) above, “information technology services” means services which are designed to secure for a defined authority the availability or application of information technology.

(3) Without prejudice to the generality of sub-paragraph (2) above, information technology services include services which consist of or are provided for the purposes of, or in connection with, any of the following

(a) giving advice in relation to information technology to any of the following—

(i) a defined authority or its members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) giving advice to any person as to the application of information technology;

(c) assessing a defined authority’s requirements for information technology, and keeping those requirements under review, including appraising any such technology for the time being in use;

(d) arranging for information technology to be available to meet the requirements of a defined authority;

(e) developing information technology;

(f) maintaining equipment used in connection with information technology.

(4) In this paragraph “information technology” means any computer, telecommunications or other technology the principal use of which is the recording, processing and communication of information by electronic means.

Personnel services

15.— (1) Provision of the following services (and only the following) falls within section 2(2)(n) above—

(a) personnel advice to any of the following, namely—

(i) a defined authority or its elected members;

(ii) any committee or sub-committee of a defined authority, or any other group of persons which reports to such an authority, committee or sub-committee; and

(iii) any officer or department of a defined authority;

(b) personnel advice to any other person in relation to the discharge of any functions of a defined authority;

(c) conducting organisational and method studies and work studies including, in particular, conducting management service reviews and preparing business plans;

(d) human resource management including, in particular, recruitment, monitoring, assessment and appraisal;

(e) personnel research;

(f) developing and maintaining statistical and managerial information systems:

(g) subject to sub-paragraph (2) below, training a defined authority’s employees including, in particular, arranging, monitoring and evaluating training and development programmes;

(h) developing and maintaining employee relations policies, practices and procedures;

(i) personnel work in connection with any of the following, namely—

(i) pay and other employee benefits including, in particular, superannuation benefits;

(ii) terms and conditions of employment;

(iii) health and safety policies and procedures;

(iv) employee welfare policies and procedures including, in particular, occupational health services; and

(v) redundancy arrangements and agreements;

(j) procuring, monitoring or supervising any services which fall within paragraphs (a) to (i) above and are provided for a defined authority by any person.

(2) The activities described in sub-paragraph (1)(g) above do not fall within section 2(2)(n) above where they relate to—

(a) the ordinary supervision of trainees or other employees; or

(b) the training of fire-fighting members of fire brigades.”

(1)

1962 c. 12.

(2)

S.I. 1977/1443.

(3)

1980 c. 44.

(4)

1948 c. 40.

(5)

1980 c. 20.

(6)

1988 c. 40.